Date of Decision: August 24, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Nephrologist
Field: Nephrology and Clinical Research
Nationality: Not specified in the document
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
Participation as a Judge of the Work of Others: The petitioner demonstrated his role as a peer reviewer for multiple professional journals, establishing his participation as a judge of the work of others in the same or an allied field.
Authorship of Scholarly Articles: The petitioner has authored numerous scholarly articles published in high-impact journals such as JAMA Internal Medicine, Journal of the American Society of Nephrology (JASN), and BMC Nephrology.
Leading or Critical Role for Distinguished Organizations: The petitioner has served in critical roles for distinguished institutions, including his position as an attending physician and director of clinical research for the Division of Nephrology at a renowned hospital.
Criteria Not Met:
The decision does not explicitly mention criteria that were not met; however, it is implied that not all potential criteria were satisfied.
Key Points from the Decision
Awards and Prizes Won:
The petitioner did not provide evidence of receiving any major or lesser recognized awards for excellence in nephrology.
Published Materials About the Petitioner:
The articles provided by the petitioner were primarily about his research work rather than about him personally.
Original Contributions of Major Significance:
The petitioner’s significant contributions to nephrology, including his work on COVID-19-related kidney injury, were recognized, but the evidence did not sufficiently demonstrate that these contributions had a major impact on the field as required.
Participation as a Judge:
The petitioner has served as a peer reviewer for several renowned professional journals, which supports his participation as a judge of the work of others.
Membership in Associations:
The document does not provide specific details on this criterion.
Authorship of Scholarly Articles:
The petitioner provided substantial evidence of authoring numerous scholarly articles, which met this criterion.
Leading or Critical Role Performed:
The petitioner provided evidence of holding significant positions, demonstrating a leading role in his field.
Artistic Exhibitions or Showcases:
The document does not provide specific details on this criterion.
Evidence of High Salary or Remuneration:
The document does not provide specific details on this criterion.
Commercial Successes in the Performing Arts:
The petitioner did not claim or provide evidence for this criterion.
Supporting Documentation
The petitioner submitted a range of documents, including articles, letters of recommendation, evidence of his participation in judging, and documentation of his contributions to the field of nephrology. The petitioner also provided evidence of his involvement in high-profile clinical research consortia and his role in publishing official COVID-19 guidelines for nephrotic syndrome patients.
Conclusion
Final Determination: The appeal was sustained, resulting in the approval of the petition.
Reasoning: The USCIS concluded that the petitioner met the necessary criteria for classification as an individual of extraordinary ability. The petitioner demonstrated sustained national and international acclaim and that his achievements have been recognized through extensive documentation. The petitioner also showed that he intends to continue working in his area of expertise and that his work will substantially benefit the United States.
Next Steps: The petitioner can proceed with the next steps in his immigration process, as his appeal for classification as an individual of extraordinary ability has been approved.
